TERMS OF SERVICE

In these Terms, “Content” collectively refers to any text, images, graphics, software, source code, Apps, specifications, audio files, videos, articles, trademarks, logos, and other material or content available through the Platform that are not Submissions (as defined below). This includes, but is not limited to, the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.

By using our Services, you agree to these Terms of Service. Please read them carefully. These Terms of Service include a mutual arbitration agreement, Class Action Waiver, and limitations on liability.

By accessing or using this Site or any other Service we provide on any computer, mobile phone, tablet or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law.

We may change these Terms of Service at any time without notice. When changes are made, we will post them here. Your continued use of the Services will be considered your acceptance of the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any of our Services.

You must be 18 years of age or older to purchase products from, and provide personal information to, this Site. If you choose to create an account through this Site (“Account”), you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by our registration form. Account registration data, as well as any personal or other information that you provide to this Site, is governed by our Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you use any of our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

USE AND RESTRICTIONS

The Platform is provided for your personal, non-commercial use only. You may access and use the Platform in compliance with all applicable laws, regulations, and these Terms. You acknowledge that KOHANA, in its sole discretion and without prior notice, may temporarily suspend or permanently discontinue your access to or use of the Platform at any time.

You agree not to:

• Resell products purchased through the Site for commercial purposes;

• Commercially sell, resell, distribute, or frame the Platform or its Content;

• Modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content;

• Use, frame, or employ framing techniques to enclose any KOHANA trademark, logo, or other proprietary information (including images on the Platform, the content of any text, or the layout/design of any page or form on the Platform) without KOHANA’s express written consent;

• Collect or use any product listings or descriptions; or

• Use any meta tags or other “hidden text” that utilizes a KOHANA name, trademark, or product name without KOHANA’s express written consent.

When using the Platform, you may not:

• Breach, attempt to breach, or otherwise bypass any security or authentication measures on the Platform, the servers where our Sites are stored, or any server, computer, or database connected to the Platform;

• Introduce or transmit any viruses, malware, malicious or destructive code, or any other harmful routine (e.g., time bombs, software locks, worms, Trojan horses, trapdoors, backdoors, or other software routines) that could interfere with, harm, or provide unauthorized access to the Platform, including the systems or servers hosting it;

• Use any data mining, robots, or similar data gathering and extraction methods on the Platform;

• Access or attempt to access any systems or servers hosting the Platform or modify or alter the Platform in any way other than as expressly permitted by these Terms;

• Attack the Platform via a denial-of-service attack or distributed denial-of-service attack; or

• Forge headers, create a false identity, or otherwise manipulate identifiers to deceive others or disguise the origin of any Content or information transmitted to or via the Platform.

Any unauthorized use of the Platform will result in the termination of the permission or license granted by these Terms, will bar you from further use of the Platform, and may violate applicable laws, including, but not limited to, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

COPYRIGHT
The Content, Sites, along with the selection and arrangement of each, are the exclusive property of KOHANA and/or its licensors and are protected by patent, copyright, trademark, and other intellectual property laws. These materials may not be used except in accordance with these Terms or with the express written consent of KOHANA. Aside from what is necessary for your use of the Platform as outlined in these Terms, KOHANA grants no additional rights or privileges to you regarding the Content. All patent, copyright, trademark, and other proprietary notices on the Content must remain intact. Any Content owned by KOHANA’s licensors may also be subject to further restrictions. Except as explicitly stated in these Terms, no part of the Sites, or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, smartphone, tablet, or other medium for publication or distribution, or for any commercial enterprise, without KOHANA’s prior written consent.

If you print, copy, or download any portion of the Platform in violation of these Terms, your right to use the Platform will be immediately revoked, and you must, at KOHANA’s discretion, return or destroy any copies of the materials you have made. You may print one copy and download extracts of any page(s) from the Sites for your personal, non-commercial use. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. KOHANA’s status (and that of any identified contributors) as the author of material on the Platform must always be acknowledged.

TRADEMARK
All trademarks, service marks, trade names, logos, and trade dress, whether they are registered or not (collectively referred to as the “Marks”), that are displayed on the Platform are the exclusive property of KOHANA or the respective owners of those Marks. You are not permitted to display or reproduce any KOHANA Marks without obtaining prior written permission from KOHANA, and you must not remove or modify any trademark notices included in any Content. The Marks are safeguarded by trademark, trade dress, copyright, and various other intellectual property rights and laws against unfair competition.

Furthermore, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names, and/or trade dress belonging to KOHANA or their respective owners, and cannot be copied, imitated, or used, in whole or in part, without prior written consent from KOHANA.

YOUR ACCOUNT
If you purchase products or services through the KOHANA, you may be prompted to create an account with KOHANA, and you may choose to do so at your discretion. You are solely responsible for (i) maintaining the security and confidentiality of your account and account password; (ii) restricting access to your device and account; and (iii) keeping your email address associated with your account up to date. You bear full responsibility and liability for all activities, including, but not limited to, all purchases of products and services made using the Platform under your account or account password.

You agree to promptly notify KOHANA of any unauthorized use of your password or account, or any other security breach, by contacting mail@kohana.ua. We reserve the right to disable any account or password at any time, for any reason.

You acknowledge and agree that KOHANA may, in accordance with the Privacy Policy and to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information related to your use of the Platform, and all information related to the use of the Platform under your account or account password if KOHANA is required to do so by law or legal process, or if KOHANA determines, at its sole discretion, that such action is necessary to protect the rights of KOHANA, third parties, and other users of the Platform, or to respond to your customer service requests.

TERMS OF SALE
These Terms of Sale outline the terms and conditions under which KOHANA sells its products (“Products”) through the Platform to you, and they provide the legal framework for the contract formed when you purchase a Product from our Platform or Store (an “Order”). PLEASE READ THESE TERMS OF SALE CAREFULLY. BY ACCESSING, USING, OR PURCHASING THROUGH OUR PLATFORM OR STORES, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE.

PLACING AN ORDER: The contract for an Order made on the Platform is established through the following steps: a) you place an Order, b) we acknowledge and accept the Order. To place an Order, you will need to provide your name, address, email, phone number, and a valid Payment Method (defined below) on the “Checkout” page. Please carefully review all Product details, including size, color, price, and any applicable shipping costs, delivery fees, or taxes, as well as these Terms of Sale. By completing the Order, you accept these Terms of Sale and your obligation to pay the total price. We will confirm receipt of your Order by displaying an order confirmation number and/or sending an email to the email address you provided. If any Product in your Order becomes unavailable, you will be refunded respective amount(s) paid via the original Payment Method.

RESTRICTIONS ON PLACING ORDERS: Products are available for sale only to end consumers who are of legal age of majority in their place of residence (typically 18 years of age or older). We reserve the right to reject Orders placed by consumers under 18 years of age or by individuals other than end consumers. We supply Products solely for domestic and private use. You agree not to purchase any Product for commercial resale. WE ARE NOT LIABLE TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

AVAILABILITY: All Products are subject to availability. We will notify you via email as soon as possible if a Product in your Order is not available. We make no guarantees that any Products displayed on our Platforms will be available at any specific time.

COLORS, DETAILS, AND PACKAGING: Product colors, details, and packaging may differ slightly from what is shown in Platform images. Platform images are for illustrative purposes only. While we make every effort to display colors and logo placement accurately, we cannot guarantee how these will appear on your device.

PAYMENT METHODS: Acceptable payment methods (each, a “Payment Method”) will be displayed on the “Checkout” page. Payment Methods include, but are not limited to, Visa, MasterCard, American Express, Visa Debit, ApplePay. We take every reasonable precaution to ensure that your Order and subsequent transactions are conducted via a secure link.

OUR RIGHT TO REJECT OR CANCEL AN ORDER: We reserve the right, at our sole discretion, to limit, reject, restrict, refuse, or cancel any Order placed by you, either wholly or partially, at any time, and without notice or liability for any damages or costs other than refunding any amount received from such Order. This may occur in certain situations, including, but not limited to:

• If your Order exceeds Product purchase limits in quantity or dollar amount;

• If we believe that you ordered or purchased Products (whether in single or cumulative transactions) for resale, tax evasion, or other fraudulent purposes;

• If the delivery address you provide is linked to a freight forwarding entity or flagged by our systems as potentially connected to fraudulent or suspect activities;

• If our security systems flag your Order or account details as unusual or susceptible to fraud, discount abuse, or misuse, including fraud related to credit card payments;

• If the Product you seek to purchase is unavailable, out of stock, incorrectly priced, or otherwise incorrectly described;

• If there was an error in the pricing, description, or other details related to the Order;

• If we are unable to obtain payment authorization;

• If your address, payment method, or billing information is unverifiable or incorrect;

• If shipping restrictions apply to a Product in your Order;

• If we believe you are ineligible to make purchases, use a discount program code, or are unauthorized to apply a discount or promotion code to your purchase;

• If we are unable to deliver to the address provided;

• If you are involved in an ongoing legal dispute with KOHANA;

• If you have previously breached the terms and conditions of the Terms of Use, including these Terms of Sale;

• Due to an Event Outside Our Control.

EVENTS OUTSIDE OUR CONTROL: KOHANA is not liable or responsible for any failure to perform or delays in the performance of any of its obligations under any contract caused by events beyond our reasonable control (“Events Outside Our Control”). An Event Outside Our Control includes any act, event, non-occurrence, omission, or accident beyond our reasonable control, and includes, but is not limited to: (a) strikes, lockouts, or other industrial actions; (b) civil disturbances, riots, invasions, terrorist attacks or threats, war (whether declared or not), or preparations for war; (c) fire, explosions, storms, floods, earthquakes, subsidence, or other natural disasters; (d) the impossibility of using railways, shipping, aircraft, motor transport, or other public or private means of transportation; (e) the impossibility of using public or private telecommunications networks; (f) acts, decrees, legislation, regulations, or restrictions of any government; and (g) pandemics or epidemics. KOHANA’s performance under any contract is considered suspended for the duration of the Event Outside Our Control, and we will have an extension of time for performance for the length of that period. We will use reasonable efforts to bring the Event Outside Our Control to an end or to find a solution that allows us to fulfill our obligations under the contract despite the Event Outside Our Control.

MISCELLANEOUS: If any provision of these Terms of Sale is found to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the effectiveness or validity of any other provisions in other jurisdictions, and these Terms of Sale will be reformed, construed, and enforced in such jurisdiction as if such provision had never been included. The headings or titles herein are for convenience only. KOHANA‘s performance of these Terms of Sale is subject to existing laws and legal processes, and nothing contained in these Terms of Sale, the Privacy Policy, Cookie Policy, or Terms of Use derogates KOHANA’s right to comply with law enforcement requests or requirements related to your use of the Platform or information provided to or gathered by KOHANA with respect to such use.

GIFT CERTIFICATE TERMS OF USE
A gift certificate entitles the holder to receive products in our store in an amount equivalent to the face value of the certificate. The certificate is not a means of payment or a monetary deposit. Gift certificates are non-redeemable for cash and are not subject to partial or full refund. A certificate cannot be cancelled after purchase.
Each certificate has a limited validity period of one calendar year from the date of payment. After the expiration date, the certificate becomes invalid and the funds paid for it will not be refunded. A certificate may be used only once, regardless of the purchase amount. If the value of the purchase is lower than the certificate’s face value, the remaining balance will not be refunded or credited.
A certificate may only be used to purchase products or services available on our website in accordance with the applicable terms and conditions. In the event of loss, theft, or damage of a certificate, it will not be replaced. The holder of the certificate is not entitled to request restoration of the certificate or a refund of the funds.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless KOHANA, its affiliates, and their respective directors, officers, employees, and agents from any losses, liabilities, claims, and expenses (including attorney’s fees) arising out of (i) your Submission or your access to or use of the Platform; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including, without limitation, any intellectual property, publicity, confidentiality, property, or privacy rights; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, but not limited to, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by you. This means you will be liable for any loss or damage we incur as a result of your breach of these Terms.

THIRD-PARTY SITES
The Platform may include links to websites, widgets, Marks, or other resources owned, controlled, operated, or otherwise provided by third parties other than KOHANA or its affiliates (collectively referred to as “Third-Party Sites”). These links are provided solely for your convenience. KOHANA does not control Third-Party Sites and is not responsible for the content, products, services, or information offered or collected by such third parties. The inclusion of links to Third-Party Sites on the Platform does not signify KOHANA’s endorsement of the content, products, services, or information offered, advertised, endorsed, or promoted by any third party or any individual or entity. If you choose to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk and may be subject to the terms and conditions and privacy policies imposed by those third parties.

LINKING TO THE SITES
You may link to our Sites, provided that you do not establish a link in such a way as to suggest any form of association, approval, or endorsement by us where none exists. The website from which you are linking must comply fully with all applicable laws.

WARRANTIES AND DISCLAIMER
As a condition of your use of the platform, you warrant to KOHANA that you will not use the platform for any purpose that is unlawful or prohibited by these terms.

Except as otherwise detailed in the terms of sale (as defined below), the site, submissions, and any products or content, including links, provided via the platform or stores, are provided on an “as is” and “as available” basis without any warranty of any kind. To the maximum extent permitted by law, KOHANA disclaims all representations, warranties, and conditions, whether express or implied, with respect to the site, apps, submissions, content, and any products or services, including, without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, freedom from errors, omissions, computer viruses, or other malicious or unauthorized code or programs, and any implied warranties or conditions arising from course of dealing or course of performance. Furthermore, KOHANA does not represent or warrant that the site, apps, submissions, content, or any products, services, or other information accessible via the platform is secure, accurate, complete, or current, nor that any particular products or inventory will be available at any specific store. KOHANA will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our platform or downloading any material posted on it, or on any website linked to it.

In addition, the platform may contain typographical errors or inaccuracies and may not be complete or current. Therefore, KOHANA reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability. To the extent permitted by applicable law, KOHANA reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. If an item becomes unavailable for any reason after an order is accepted, KOHANA may terminate the order by providing you with written notice. In such a case, KOHANA will contact you to arrange for a refund or provision of credit towards future purchases.

Minor variations in color and other differences in products may occur due to differences in image acquisition, display technologies, or other technical reasons. KOHANA is not liable for these variations and deviations.

Nothing in these Terms shall affect your legal rights under applicable consumer laws.

SITE CONTENT
By using this Site, you may come across mature content that includes nudity or partial nudity, and that you may consider offensive, indecent, explicit, inappropriate or objectionable. You acknowledge and understand these risks in using this Site and the Services and represent that the jurisdiction from which you are accessing the Site does not prohibit the receiving or viewing of sexually explicit content.

PURCHASE CANCELLATIONS
All orders placed through any of our Services offered are subject to our acceptance. This means that we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit or debit card has already been charged for an order that is later cancelled, we will issue you a refund.

DISPUTE RESOLUTION AND ARBITRATION
Any dispute arising out of or relating to these Terms shall first be resolved through good faith negotiations between the parties.

If a resolution cannot be reached, the dispute shall be submitted to binding arbitration in accordance with the applicable laws governing dispute resolution.

GOVERNING LAW
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Ukraine, without regard to conflict of law principles.

GENERAL INFORMATION
These Terms of Service constitute the entire agreement between you and KOHANA and govern your use of the KOHANA Services, and they supersede any prior agreements between you and KOHANA. You also may be subject to additional terms and conditions that are applicable to certain parts of the KOHANA Services. KOHANA may terminate this Agreement and deny you access to the KOHANA Services at any time, immediately and without notice, if in the KOHANA’s sole discretion you fail to comply with any provision of these Terms of Service.

You agree that no joint venture, partnership, employment, or agency relationship exists between the KOHANA and you as a result of this Agreement or your use of KOHANA Services.

The failure of KOHANA to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

You may not assign the Terms or any of your rights or obligations under the Terms without the KOHANA’s express written consent. The Terms insure to the benefit of KOHANA’s successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Updated: March 1, 2026